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Gov & Administrative Law Questions & Answers
1 Answer | Asked in Criminal Law and Gov & Administrative Law for Kentucky on
Q: If a defendant is on a surety bond in state case, but arrested and in Federal custody and sentenced to serve out Federal

sentence of 11months, and while in Federal custody in Alabama, misses the Courtdate scheduled for state case Kentucky, and attorney notified the circuit court judge of the reason for inability to appear at court hearing and rescheduled court hearing date set , can the judge issue a failure to... Read more »

Timothy Denison
Timothy Denison answered on Sep 17, 2020

Yes.

5 Answers | Asked in Car Accidents, Personal Injury, Gov & Administrative Law and Municipal Law for California on
Q: I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home

I was in an accident about a month ago (hit by a car as I crossed the street from sidewalk to sidewalk while biking home). I was knocked unconscious for a brief period and woke up to cops around me looking at me with flashlights. I was asked if I wanted to go to the ER in the ambulance and I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 16, 2020

MORE INFO NEEDED.

DO YOURSELF A FAVOR AND MAKE A FREE APPOINTMENT WITH A PI LAWYER WHO CAN GET YOU COMPENSATION IF YOU WERE NOT AT FAULT.

IF THAT IS THE CASE, THEN IF YOU CONTACT ME I WILL GIVE YOU SEVERAL NAMES TO CONSIDER.

HOWEVER, DON'T DISCUSS CASES LIKE THIS ON AN...
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1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Going from Judge Advocate General (JAG) to Federal Judge

If I join the military as a JAG, I am required to serve there for four years. In the long term, I want to be a federal judge. However, will spending four years as a JAG hurt my chances of becoming a federal judge given that I will be four years behind in regards to clerking for judges compared to... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 15, 2020

Maybe the best person to pose your question to could be a former JAG. But your question remains open for four weeks. Given the high regard for the program because of its selection process, many would see it as a strong accomplishment. Some might see the fact that you would probably be working with... Read more »

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Real Estate Law for California on
Q: what governing body has oversight to handle disputes between neighbors when only some properties belong to an hoa?

My neighbor and i reside in an HOA and feel we are being subject to undue scrutiny and baseless complaints from a couple who live on a parcel adjacent to ours but who do not have membership in the HOA. These people are causing needless problems complaining about us for really no reason, but are... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 15, 2020

Send an email to Attorney James Allen Greer on this website, he is knowledgeable about HOA. IMO the neighbors that are not a part of the HOA do not have any standing to make complaint to the HOA.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New York on
Q: Is it against federal or state law for a police department to ask a civilian to do investigations without compensation
Victor M. Feraru
Victor M. Feraru answered on Sep 14, 2020

I'm not sure what you mean. I'm guess you mean to have someone be a confidential informant and not pay? I'd need more details before I could answer this question.

1 Answer | Asked in Election Law, Gov & Administrative Law and Municipal Law for Florida on
Q: How can I place an item to be voted on in a city?

I would like to change the laws of the municipality by placing it on the ballot for the upcoming elections.

Charles M.  Baron
Charles M. Baron answered on Sep 14, 2020

You must find out whether your city has a process for petitioning to place a referendum on the ballot (also called initiative petition), and if so, what the petition requirements are (method, number of signatures needed, time restrictions, etc.). I would start out by calling the City Clerk's... Read more »

Q: I’m about to go to boot camp but I have a pending civil court case for a car accident. Will I be able to go to BC?

Does boot camp qualify the trial to be put on “stay” status?

Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

A Texas attorney should advise, but your question remains open for two weeks. Until you are able to consult with a Texas attorney with time looming, you could check with the judge's clerk on your case. Based on your description, it sounds like a note of issue has been filed and that you may be... Read more »

1 Answer | Asked in Gov & Administrative Law for California on
Q: What would be the consequences of this crime?

Nevermind I deleted the details because I can't figure out how to delete the question

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

You get life. Not life imprisonment, just life.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Libel & Slander for Oklahoma on
Q: How can we get my wifes ankle monitor activity for a certain day so we can clear our names and get her out of jail.

Her next court date isn't for another month and a half. She was on ankle monitor at time the crime happened and also there's a video of the couple that actually did it. She doesn't need to sit in jail any longer for something we never did. And what kind of legal action can we take... Read more »

Andrea Worden
Andrea Worden answered on Sep 8, 2020

Hire a true criminal defense attorney.

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Patents (Intellectual Property) for Tennessee on
Q: According to court system and my MVR I HAVE COMPLETED ALL REQUIREMENTS REPORT STATES DL privilege Reinstated 2.19.20

Ppl at dmv will not allow me to take test, without interlocking device. Last conviction 9.15.11 no where it shows this is required. Judge n commissioner say I’m clear n go test???

Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2020

Not sure of your problem. But you need to try to get the License at another DOS facility. Otherwise you will need a very competent, and expensive, attorney to file an administrative action. That action could take at least a year, prior to appeals. Getting a blow meter for a little while... Read more »

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for Kentucky on
Q: Two Kentucky state officers were about 1/4 mile in front of me. Got me 78-55 what can I do?

The officers had pulled out of a road/driveway about 1/4 mile or so ahead of me. One pulled off to the left in a gravel spot and the other in a small parking lot by a stop sign. When I approached the intersection the first officer on the left turned on his lights. So I pulled over out of the way.... Read more »

Timothy Denison
Timothy Denison answered on Aug 30, 2020

Call the district court and find out what day you can appear.

1 Answer | Asked in Civil Litigation, Contracts, Criminal Law and Gov & Administrative Law for Texas on
Q: I got video of cops making illegal arrest no warrants and taking pics of drugs they had and pinning charges on friend
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 30, 2020

Provide a copy of the video to your friend's criminal defense attorney.

See chapter 14 of the Code of Criminal Procedure if you are curious about the list of situations where a peace officer can make an arrest without a warrant. https://statutes.capitol.texas.gov/Docs/CR/htm/CR.14.htm

1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: Can a resident of Virginia obtain a drivers license if a Maryland drivers license was revoked?
Mark Oakley
Mark Oakley answered on Aug 22, 2020

Once your license is suspended or revoked in one state, no other state will issue you a license until you reinstate your privilege in the state where you’re suspended or revoked. This is the interstate compact adopted in all but three states, but even in those three states you are unlikely to get... Read more »

1 Answer | Asked in Gov & Administrative Law for California on
Q: What CA Judicial Form is used to enforce Gov. Code Sec. 27201 & Writ or Complaint

I received Answer from Maurice Mandel II and understand my remedy is to file a Writ of Mandamus. Were may I obtain a Sample of Writ of Mandamus, (or do you have a sample), for this purpose. I'm confident that I'm not the first who needed to enforce Gov. Code 27201, against a County... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 14, 2020

None, you would have to apply to the Court for a Writ of Mandamus. It has to be specially written.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Federal Crimes and Gov & Administrative Law for Pennsylvania on
Q: I found a number on a 5 dollar bill which said to call this number for a good time and as a joke I acted like and fbi a

I know it was stupid and dumb but I was at my friends home and I was bored I meant no harm and I asked for nothing I called the number and said this is against Martinez of the FBI and your number was associated with prostitution please refrain from committing acts of prostitution. I did not ask for... Read more »

NiaLena Caravasos
NiaLena Caravasos answered on Aug 12, 2020

Actually, this is no joke. Impersonating a federal officer is a very serious crime. You really should consult with a federal criminal defense attorney as soon as possible.

Q: Can you receive a deferred sentence on a felony charge if you've previously received a deferred sentence for a felony?

4 years ago I received a deferred sentence for a felony conviction. In June 2020 I received a deferred sentence for a new felony charge. Is this legal?

David A. Cincotta
David A. Cincotta answered on Aug 11, 2020

The answer to your question is "yes, it is legal." That is because you did not have more than one deferred judgment within the 10 years before committing the crime that led to you receiving the deferred judgment in June 2020. The relevant statute reads as follows:

"The...
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1 Answer | Asked in Tax Law, Construction Law and Gov & Administrative Law for Minnesota on
Q: Does police office give me a warning or serious ticket and how will be?

i entered the open line while the opposite line was closed at work zone in Faribault mn then police officer stop me and got picture on my driver license, said to me we will send you a ticket to you mail? is it a serious ticket or warning ?

William Bailey
William Bailey answered on Aug 11, 2020

It sounds like the are citing you for something. They do not generally mail warnings to someone. You will likely receive a citation at the address on your license. It would be wise to speak to an attorney to see if you can keep this off of your record.

1 Answer | Asked in Gov & Administrative Law for New York on
Q: I was hired for food service and they refuse to train me I felt bad

In the interview they said they will train you but I was there for 2 days and most of the employees were refuse to train me and then they just let me go for no reason

Tim Akpinar
Tim Akpinar answered on Aug 9, 2020

Your question remains open for two weeks - there's no guarantee that all questions are picked up. But you could try reposting under Employment Law, where you might have better chances of an attorney who deals with these types of situations seeing your question. This looks like it's more... Read more »

2 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: COVID-19 Different requirements for returning to office, depending on whether one has children...

I work for the Feds. At my particular agency, local (Calif) leadership is contemplating rules for staff return to the office at the end of this month (August). We've all (<50) been telecommuting since mid-March. It's loosely being proposed that those with children... be permitted to... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 8, 2020

Would it be discriminatory? Yes. Any time someone is treated differently than others, it is discrimination. Is it unlawful? No. Having children at home is not a protected class under any protective statutes.

What the employer is contemplating is lawful.

Good luck to you.

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2 Answers | Asked in Civil Rights, Election Law, Gov & Administrative Law and Public Benefits for Florida on
Q: DMV says I need a birth certificate to get photo ID, DOH says I need photo ID for birth certificate. What should I do?

My driver's license is expired. I tried renewing online and was told I needed to show a copy of my birth certificate. I do not have a "valid" copy of a birth certificate. For those who are not aware, the Florida DMV is currently in the same state of collapse as most of their other... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Are you indicating that you have neither? How old are you?

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